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BALUCHISTAN LOCAL COUNCILS (REMOVAL OF CHAIRMEN AND MEMBERS) RULES, 1980 BALUCHISTAN LOCAL COUNCILS (REMOVAL OF CHAIRMEN AND MEMBERS) RULES, 1980 [Gazette of Baluchistan, Extraordinary, 29th January 1981] No. 1‑90/80 (PLGB) AO‑IV.‑In exercise of the powers conferred by section 150 read with section 29 of the Baluchistan Local Government Ordi nance, 1980 (No. Il of 1980) the Government of Baluchistan is pleased to make the following Rules, namely :‑ 1. Short title and commencement.‑(1) These rules may be called the Baluchistan Local Councils (Removal of Chairmen and Members) Rules, 1980. (2) They shall come into force at once. . 2. Definitions.‑In these rules, unless the context otherwise requires :‑ (a) "‑Competent Authority" means the Government or any Officer to whom .powers under subsection (1) of section 29 have been delegated under section 152. (b) "Form" means Form appended to these rules. (c) "Ordinance" means the Baluchistan Local Government Ordinance, 1980 (11 of 1980). 3. Removal.‑A Chairman or a member, as the case may be, shall render himself liable for removal if he fails to declare assets under section 25 of the Ordinance or incurs any of the disqualifications under section 29 of the said Ordinance. 4. Notice of removal.‑If the competent authority is of the opinion that any Chairman or member has rendered himself liable to removal from membership or chairmanship, under any of the provisions of the Ordinance, it shall, by notice, in writing, in Form I, call upon such Chairman or member to show cause, within fourteen days of the receipt of the notice as to why he should not be removed from such chairmanship or membership, as the case may be. 5. Procedure.‑0) On receipt of the notice under rule 4, such Chairman or member, as the case may be, within the specified period, submit such explanation to the competent authority as he may consider necessary or he may resign from his office. (2) If the explanation furnished under sub‑rule (1) is satisfactory, the Competent Authority may file the case and pass orders accordingly. (3) If the explanation offered under sub‑rule (1) is, in the opinion of the competent authority, not satisfactory, or if the resignation tendered by the Chairman or the member, as the case may be, is not accepted, the com petent authority shall‑ (a) call upon such‑Chairman or member whether he desires to be heard in person; (b) fix a date for hearing and intimate it to him. (4) On the date of hearing, the competent authority shall enquire into the charge or charges, as the case may be, and may examine such oral or documentary evidence in support of such charges or in defence of the Chairman or Member so charged as may be considered necessary. (5) If the competent authority is satisfied that the Chairman or the mem bers, as the case may be, is hampering, or attempting to hamper the proceedings of the case, it shall administer a warning to such Chairman or member and, thereafter, if the competent authority is satisfied that he is acting in disregard of the warning, it shall record an order to that effect and proceed to complete the case in such manner as it thinks best suited to meet the ends of justice. 6. Powers of competent authority.‑The competent authority shall exercise the same powers as are vested by the Code of Civil Procedure, 1908 (Act V of 1908), in a Court trying a Civil suit, and, in particular, powers in respect of‑ (a) discovery and inspections; (b) enforcing the attendance of witness and requiring the deposit of their expenses; (c) compelling the production of documents; (d) examining witness on oath; (e) granting adjournments; (f) receiving evidence taken on affidavit; and (g) issuing commissions. for examination of witnesses and summoning and examination `suo motu' of any persons, whose evidence appears to be material. 7. Appearance of counsel.‑No party of any proceedings under these rules shall be represented by a legal practitioner or counsel. 8. Representation.‑A Chairman or a member removed from his chairmanship or membership, as the case may be, may submit a representation, within a period of 30 days from the date of the order of removal, to the Government. 9. Limitation.‑(1) In computing the period of limitation, the time requisite for obtaining a copy of the order represented against shall be excluded; (2) A representation may be admitted after the said period of limitation if the person representing satisfies the Government that he had sufficient cause not preferring the representation within the said period. 10. Manner of fling representation.‑(1) Every representation shall be preferred in the form of memorandum, and may be submitted to the Govern ment either personally or may be submitted by registered post. (2) Every memorandum of representation shall be in writing and shall set forth concisely the grounds of objections to the order represented against, and such grounds shall be numbered consecutively. (3) Every memorandum of representation shall be duly signed by the person submitting the representation. (4) The Government may issue an interim order staying the execution of the order represented against where, in its opinion, such execution is likely to materially affect the relief sought for by the person submitting the representation. 11. Decision.‑The decision of the Government shall be communicated to person concerned. Note.‑‑For Form 11 please see Gazette of Baluchistan, Extraordinary, dated 29th January 1981, p. 4.